Patti's Blog - Advocate for Elders, People with Disabilities and Their Families

NAELA Announces 2018 Charles P. Sabatino Excellence in Public Policy Award Recipients

October 17, 2018     
Contact: Abby Matienzo, Communications Manager
       703-942-5711 #230

NAELA Announces 2018 Charles P. Sabatino Excellence in Public Policy Award Recipients

Washington, DC —  The National Academy of Elder Law Attorneys (NAELA) named René H. Reixach, Jr., and Ron M. Landsman, Esq., CAP, as the recipients of the 2018 Charles P. Sabatino Excellence in Public Policy Award for their outstanding achievement and dedication to litigation on behalf of older adults and persons with disabilities. 

Reixach is a Partner at Woods Oviatt Gilman, LLP in Rochester, NY, leading the firm's Elder Law and Health Care Practice Group. He is a NAELA Fellow and recipient of the Theresa Award. He has litigated about 100 Medicaid eligibility cases over a 40-year career, including one case in the Supreme Court of the United States, as well as cases in the First, Second, Third, Sixth and Eighth Circuit Courts of Appeals and the District of Columbia Court of Appeals, and numerous federal district courts and state courts. Reixach’s achievements on litigating on behalf of older adults and persons with disabilities include Matter of Shah, 95 NY2d 148 (2000) (amicus brief filed on behalf of NAELA in conjunction with NAELA member A. Frank Johns, CELA, CAP); Morenz v. Wilson-Coker, 415 F.3d 230 (2d Cir. 2005); and Lopes v. Dep’t of Social Servs., 696 F.3d 180 (2d Cir. 2012).

Reixach chaired NAELA’s Litigation Committee from 2012 to 2016. He has also served on the New York NAELA Chapter’s Board of Directors and as the Chapter’s Treasurer. He participates actively on NAELA’s Public Policy Steering Committee.

Landsman is a founding member and Fellow of NAELA. He co-founded and is a former president of the First Maryland Disability Trust, a pooled special needs trust. He practices law in Rockville, MD, having established in 1983 one of the first elder law firms in the country. He has filed briefs on behalf of NAELA in the U.S. Court of Appeals for the First, Third, Fourth, Sixth, and Eighth Circuits and has filed briefs or appeared on elder law and special needs trust issues in the highest or second highest appeals courts of Iowa, Kansas, Massachusetts, Maryland, Michigan, Montana, and New Jersey. Among his favorite successes are Saccone v. Board of Trustees of the Police and Firemen’s Retirement System, 219 N.J. 369, 98 A.3d 1158 (2014); and DeCambre v. Brookline Housing Authority, 826 F.3d 1 (1st Cir. 2016). 

He is now Chair of NAELA’s Litigation Committee and serves ex officio on the NAELA Foundation Board of Directors.

 

 

https://www.naela.org/Web/About_Tab/Media/Press_Releases/2018_Press_Releases/NAELA%20Announces%202018%20Charles%20P.%20Sabatino%20Excellence%20in%20Public%20Policy%20Award.aspx

New Report Identifies Key Best Practices & Policies for Assisted Living

New Report Identifies Key Best Practices & Policies for Assisted Living

Following Federal Report Finding Thousands of “Critical Incidents” Involving Seniors Every Year, LTCCC Identifies Best Practices to Improve Safety, Quality of Life, & Dementia Care

Contact: Richard Mollot, 212-385-0356 or[email protected]

October 24, 2018– Assisted living is a popular alternative to nursing homes for seniors who need or want residential care but want to avoid the institutional setting that the typical nursing home provides. However, in the absence of federal safety standards, assisted living facility (ALF) residents are only protected to the extent that individual states have developed regulatory requirements to ensure the safety and dignity of their residents. Unfortunately, according to a 2018 GAO report, Medicaid Assisted Living Services: Improved Federal Oversight of Beneficiary Health and Welfare is Needed,all too often states fail to protect ALF residents or even keep track of when they are harmed. The GAO found that there were an astonishing 23,000 reported cases of “critical incidents,” including abuse, neglect, exploitation, and death, in ALFs across just 22 states in 2014. While this number is significant, there is little doubt that the extent to which critical incidents occur is, actually, far greater, since only 22 of the 48 states surveyed by the GAO tracked and reported critical incidents. Moreover, the review only included Medicaid assisted living, which covers a small minority of ALF residents (most Americans pay privately for assisted living services).

“The GAO’s report provides clear evidence of the urgent need to address the health and safety of assisted living residents,” said Richard Mollot, LTCCC’s Executive Director.  “In the absence of strong and clearly defined quality of care and quality of life standards, residents will continue to be susceptible to inappropriate care and potentially unsafe conditions when they move to an ALF.”

LTCCC’s new report,Assisted Living: Promising Policies and Practices, provides information and insights into best practices and policies for assisted living. The report focuses on areas of public interest and concern which we have identified as particularly important to ensuring resident safety and the ability of residents to realize assisted living’s “promise” of a resident-centered and directed, home-like environment. They include: (1) staff training requirements, (2) dementia care, (3) whether a registered nurse is employed, and (4) state oversight and quality assurance.

In addition, LTCCC has compiled anAssisted Living State Requirements Chart showing, for every state in the country, the state’s status in regard to key policies and requirements.

Both the report and the chart are available on LTCCC’s website,XD has detected a possible fraud attempt from "click.everyaction.com" claiming to be www.nursinghome411.org.

Long Term Care Community Coalition
www.nursinghome411.org
One Penn Plaza, Suite 6252
New York, NY 10119
United States

Staffing crisis of direct care mental health workers faces clients, families

https://www.crainsdetroit.com/health-care/staffing-crisis-direct-care-mental-health-workers-faces-clients-families

Elder Law of Michigan Asks If You Are Staying Safe Online - Find Out With 4 Simple Questions

Chances are you have a fire extinguisher in your home in case of a fire. You are also likely to have homeowners insurance coverage to protect you from any loss incurred from a home invasion. You go to great lengths to protect your home and family from damage or thieves. However, how well do you protect your personal information online? October celebrates National Cyber Security Awareness month. We are writing today to provide you with information on how you can protect your identity online. Cybercriminals can steal your personal information without you ever noticing. They can do it while you are browsing social media, reading your email, or shopping online. Protect your identity and personal information online by preparing today. Be aware of consumer scams and ensure your safety online. Test your knowledge about staying safe online by participating in the following quiz. Answer each question with true or false. I respond to unsolicited email messages that appear to be from my bank, credit card company, or social media platform.   I provide my Social Security number whenever asked, without asking why it is needed and how it will be safeguarded.   I sometimes click on a link or attachment in an email from an unknown sender to find out what it is about.   I save my username and password to sites saved in my favorites on my browser, so it’s easier to pay bills.  If you answered false to each of these questions, you are doing your part to stay safe online. A true response to any of these questions is a sign that you could be doing a better job of staying safe online. Most people spend more time planning for vacations than they do planning for their financial futures. When you plan ahead by protecting your personal information online, you ensure your future self will have more peace of mind knowing your financial future is secure. Keith Morris President, Elder Law of Michigan P.S. Did you know Elder Law of Michigan helps older adults protect their identity? Since March 2018, staff at Elder Law of Michigan have made 35 presentations to over 700 older adults about staying safe online by protecting their identity. Imagine a world where older adults age with dignity and have an improved quality of life through economic security, legal resolutions and much-needed peace of mind. Help make it a reality.

 

Donate

http://www.elderlawofmi.org/donate

New Orphans' Court Rules Bring Changes to Pa. Guardianships

The Legal Intelligencer
October 22, 2018 Monday

 

Download New Orphans_ Court Rules Bring Changes to Pa. Guardians

 

 

 

Special Needs Trusts: New Rules and Planning Strategies

Help Your Clients Weigh ALL Their Disability Savings Options

   REGISTER NOW

 

https://www.nbi-sems.com/ProductDetails/81292ER?ctname=SPKEM

Why People With Disabilities Are Protesting Like Hell

his story is a collaboration between HuffPost and The Incline.

In cities across America, people with disabilities face uneven access to buildings, transportation and leisure activities. Change isn’t coming fast enough, and activists worry that lawmakers are in the process of watering down the protections that do exist.

In Pittsburgh, where accessibility is mediocre at best, local advocate Alisa Grishman can attest to the city’s problems. Grishman, who uses a wheelchair and a walker, pushes for improvements to the city’s sidewalks and local businesses — and she urges local politicians not to get complacent about the status quo.

“The city has not been changing at an appreciable rate,” said Grishman, a resident of Pittsburgh’s Uptown neighborhood. “One of the things I’ve said countless times is: The longer you live, the more likely it is that you’ll become disabled at some point. Everyone from homeless veterans to Donald Trump himself, anyone can become disabled at any point. And if we just thought in those terms, I wouldn’t have to do this work.”

 

https://www.huffingtonpost.com/entry/people-with-disabilities-protest_us_5baa3d65e4b07dc0b87e1264

What Will Mental Health Treatment Look Like In The Years Ahead?

https://www.openminds.com/market-intelligence/executive-briefings/what-will-mental-health-treatment-look-like-in-the-years-ahead/

CMS NEWS: CMS announces 2019 Medicare Parts A & B premiums and deductibles

CMS NEWS

FOR IMMEDIATE RELEASE
October 12, 2018 

Contact: CMS Media Relations
(202) 690-6145 | CMS Media Inquiries

 

CMS announces 2019 Medicare Parts A & B premiums and deductibles

Today, the Centers for Medicare & Medicaid Services (CMS) announced the 2019 premiums, deductibles, and coinsurance amounts for Medicare Parts A and B.

 “CMS is committed to empowering beneficiaries with the information they need to make informed decisions about their healthcare,” said CMS Administrator Seema Verma.  “In addition to the information we recently released for Medicare Advantage, the program through which private plans provide Medicare benefits, today we are releasing information for fee-for-service Medicare, so enrollees understand their options for receiving Medicare benefits.”

As announced earlier this month, CMS launched the eMedicare Initiative that aims to modernize the way beneficiaries get information about Medicare and create new ways to help them make the best decisions for themselves and their families. Ahead of Medicare Open Enrollment – which begins on October 15, 2018 and ends December 7, 2018 – CMS is making improvements the Medicare.gov website to help beneficiaries compare options and decide if Original Medicare or Medicare Advantage is right for them. Among the tools released as part of the eMedicare Initiative is a stand-alone, mobile optimized out of pocket cost calculator that will provide information on both overall costs and prescription drug costs.

Medicare Part B Premiums/Deductibles

Medicare Part B covers physician services, outpatient hospital services, certain home health services, durable medical equipment, and certain other medical and health services not covered by Medicare Part A.  

The standard monthly premium for Medicare Part B enrollees will be $135.50 for 2019, a slight increase from $134 in 2018. An estimated 2 million Medicare beneficiaries (about 3.5 percent) will pay less than the full Part B standard monthly premium amount in 2019 due to the statutory hold harmless provision, which limits certain beneficiaries’ increase in their Part B premium to be no greater than the increase in their Social Security benefits.

CMS also announced that the annual deductible for Medicare Part B beneficiaries is $185 in 2019, an increase from $183 in 2018.

Medicare Part A Premiums/Deductibles

Medicare Part A covers inpatient hospital, skilled nursing facility, and some home health care services. About 99 percent of Medicare beneficiaries do not have a Part A premium since they have at least 40 quarters of Medicare-covered employment.

The Medicare Part A inpatient deductible that beneficiaries will pay when admitted to the hospital is $1,364 in 2019, an increase of $24 from $1,340 in 2018.

Medicare Advantage Premiums

Medicare beneficiaries can choose to enroll in fee-for-service Medicare (Parts A and B) or can select a private Medicare Advantage plan to receive their Medicare benefits. Premiums and deductibles for Medicare Advantage and Medicare Prescription Drug plans are already finalized and are unaffected by this announcement.

Last month, CMS released the benefit, premium, and cost sharing information for Medicare Advantage plans in 2019. On average, Medicare Advantage premiums will decline while plan choices and new benefits increase. On average, Medicare Advantage premiums in 2019 are estimated to decrease by six percent to $28, from an average of $29.81 in 2018.

For a fact sheet on the 2019 Medicare Parts A & B premiums and deductibles, please visit: XD has detected a possible fraud attempt from "links.govdelivery.com" claiming to behttps://www.cms.gov/newsroom/fact-sheets/2019-medicare-parts-b-premiums-and-deductibles. 

For more information on the 2019 Medicare Parts A and B premiums and deductibles (CMS-8068-N, CMS-8069-N, CMS-8070-N), please visit XD has detected a possible fraud attempt from "links.govdelivery.com" claiming to be https://www.federalregister.gov/public-inspection. 

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Social Security Benefits to Increase in 2019

https://blog.socialsecurity.gov/?utm_campaign=&utm_content=&utm_medium=email&utm_source=govdelivery